Child Support in North Carolina: Frequently Asked Questions

Child Support in North Carolina: Frequently Asked Questions

Both parents are required to contribute to rearing their children. When parents divorce, the children typically reside primarily with one parent while the other parent has regular visitation. The non-custodial parent typically provides support to assist with the financial needs of the child. It is helpful to understand some of the basics of child support in North Carolina.

 

How is Child Support Calculated?

North Carolina utilizes an income shares model to calculate child support. The court reviews the income of both parents, including wages or salary, commission, bonus, pension, and any other income. The number of children is also a determining factor in determining child support. The custody arrangement is also instrumental in deciding support. The judge may deviate from standard child support guidelines in some circumstances. The amount that a parent will pay also depends on the number of children to support.

 

 

What Happens if a Parent Fails to Pay Child Support?

When the court orders child support, the parent is required by law to pay. The payments must be made in accordance with the order, with typical payments occurring monthly. A parent who fails to pay or falls behind in payments can be held in contempt, which means that they failed to follow a court order. A parent may file a petition to enforce a child support order. The court may subsequently require a parent to pay through wage garnishment or tax interception or may find the parent in contempt of a court order.

 

How Long Does Child Support Last?

Generally, a child support order remains in effect until a child turns 18 years of age or graduates from high school. However, each child support order is unique and will provide specifics as to the end date of payments. There may be some instances where support remains in effect until a child graduates from college. In some cases, parents agree to share college tuition separately from child support. Parents should ensure that they agree to the length of the child support before the order is put in place.

 

Can Child Support Be Modified?

Court-ordered child support may only be modified through the court. Either parent may request a hearing for child support modification no more than every three years or when there has been a substantial change in circumstances that warrants a change. A substantial change usually means a change in living arrangements or a change in income of 15% or more. For example, if a parent has lost their job or has had a substantial reduction in pay, the court may recalculate child support based on the new information. If the needs of the child have changed, the court may also review the original order to increase child support.

 

Child support is one of the most challenging aspects of divorce with kids and often the most misunderstood. We are here to help answer your questions and assist you through the legal process of divorce. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our legal team.

 

https://www.nccourts.gov/help-topics/family-and-children/child-support#:~:text=time%20in%20jail.-,Modification,you%20are%20not%20the%20father.

https://www.law.cornell.edu/wex/child_support

 

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